Who's at fault?

Discussion in 'Experienced Truckers' Advice' started by rbrtwbstr, Nov 1, 2021.

  1. rbrtwbstr

    rbrtwbstr Road Train Member

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    So it's raining, Driver A is bobtailing on a two lane road, doing the speed limit. Driver A crests a hill, on a blind turn. Sees Driver B in a ten wheel dump truck about 200 yards ahead sitting across the road. Driver A attempts to stop, but hits Driver B broadside. Driver A never leaves lane of travel. To Driver A's right is a steep embankment, to the left is the side of a mountain.

    Driver B says he was turning out of a driveway, couldn't make the turn and had to back up.

    So who's at fault?

    Driver A for driving too fast for conditions?
    Or Driver B for blocking the road on a blind corner?
     
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  3. buzzarddriver

    buzzarddriver Road Train Member

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    Driver A gets citation for failure to control vehicle.
    Driver B keeps his mouth shut about having to backup and gets insurance settlement.
     
  4. expedite_it

    expedite_it Road Train Member

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    Both are at fault, but primarily driver B. Driver B should have made the turn without having to stop and back up.

    Why is driver A at fault too? Just because a driver is driving the speed limit when it is raining does not automatically mean that he was not driving too fast.
     
  5. rbrtwbstr

    rbrtwbstr Road Train Member

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    Very true.
     
  6. Wasted Thyme

    Wasted Thyme Road Train Member

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    Actually wrong. How do I know? Years ago I was making a left hand turn from a side street. Pulled out and a speeding drive came over the incline and T-boned me. I was ticketed for failure to yield.

    So as far as LEO is concerned B is at fault. However, A should be going slow enough to stop for the conditions.
     
  7. Last Call

    Last Call Road Train Member

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    Driver A could be ticketed for driving to fast for conditions
    Just like the special kind of stupid... that still drive 70 mph on the interstate in a snow storm
     
  8. rbrtwbstr

    rbrtwbstr Road Train Member

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    Driver B did sustain minor injuries, so I could see that being a real possibility. He did admit to the cop he had to stop and backup.
     
  9. Mike250rs

    Mike250rs Heavy Load Member

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    Depends if the dashcam in vehicle A catches vehicle B pulling out of a side street.

    Otherwise its an insurance crap shoot.
     
  10. Mototom

    Mototom Road Train Member

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    Both are ######## to be blunt.
    Running bobtail I tend to drive slower than the speed limit when it's wet. (You can drift these things even with traction control and an auto trans)
    I also don't blindly commit to a turn near a blind hill corner or etc. I #### sure don't back out onto the highway in said scenario
     
  11. rbrtwbstr

    rbrtwbstr Road Train Member

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    This all happened a week ago, and as of now, nobody has been cited.

    I was Driver A. And while I was doing just under the speed limit, obviously it was still a bit too fast. I guesstimate I hit him at about 10mph. Wasn't a hard lick, but hard enough to do some damage.

    I had three options once it was apparent something was about to happen. I could've gone to the right, down over an embankment, through the trees and possibly a telephone pole. Had I gone left, I'd probably have rolled the truck. In both cases, the other guy could've driven away as if nothing happened, leaving me to explain why my truck is smashed for no apparent reason. The third option, continuing on my path, was the best (I feel). I figured at least this way there would be no doubt about what happened.

    Whatever happens as far as citations, I'll take them and move on.

    Personally, I feel we're both just a guilty as the other. He was in a bad spot, but he also had to drive in there, so he should've known getting back out would be dangerous. Had he set up a road cone at the top of the hill, had someone up there to warn oncoming traffic, or even a road flare, It might have avoided the whole thing.

    I on the other hand, should've been going a bit slower. And I accept that fact.

    I just wanted y'all's opinions
     
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